- 1 - HC-KAR NC: 2026:KHC:15802 WP No. 8758 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8758 OF 2026 (GM-CPC) BETWEEN: SANKALPA WELFARE SOCIETY (R) A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING ITS REGISTERED OFFICE AT NO. 138/1 GROUND FLOOR RAGHAVENDRA BUILDING NARAYANASHASTRY ROAD, MYSURU-570004 REP. BY ITS PRESIDENT K.V. VEDAMURTHY &PETITIONER (BY SRI. G L VISHWANATH, SENIOR ADVOCATE FOR SRI. SHIRISH KRISHNA., ADVOCATE) AND: 1. MY CITY BUILDERS & DEVELOPERS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO. 03, TRIPURA GARDEN VARAKODU VILLAGE MAIN ROAD NEAR VARAKODU GATE VARAKODU VILLAGE AND POST VARUNA HOBLI, MYSURU TALUK 3 570010. 2. M. G. SRIDHARA AGED ABOUT 53 YEARS S/O SRI. M. S. GURUDEVARADHYA MANAGING DIRECTOR M/S. MY CITY BUILDERS & DEVELOPERS (PVT) LTD. NO. 146, 11TH MAIN, 12TH CROSS SARASWATHIPURAM, MYSURU 570 009. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15802 WP No. 8758 of 2026 3. H. R. ABHISHEK AGED ABOUT 34 YEARS S/O SRI. R. RENUKARADHYA DIRECTOR, M/S. MY CITY BUILDERS & DEVELOPERS (PVT) LTD. NO. 887, THIRTHANKARA MARGA SIDDHARTHA LAYOUT, MYSURU-570 011. 4. B N KARTHIK AGED ABOUT 39 YEARS S/O SRI. B. S. N. ARADHYA DIRECTOR, M/S. MY CITY BUILDERS & DEVELOPERS (PVT) LTD NO. 05, T-BLOCK 07, TREASURY LAYOUT BOGADI 2ND STAGE, MYSURU-570 026 &RESPONDENTS (BY SRI. MANU P KULKARNI., ADVOCATE FOR R1: SRI VISHWAS N, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU TO EXPEDITIOUSLY HEAR AND DISPOSE OF M.A. NO.63/2025 PENDING ON ITS FILE, WITHIN A SPECIFIED TIME FRAME AS THIS HON9BLE COURT MAY DEEM FIT AND PROPER, IN ACCORDANCE WITH LAW, WITHOUT GRANTING UNNECESSARY ADJOURNMENTS TO THE PARTIES AND PROTECT THE STATUTORY RIGHTS OF THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: - 3 - HC-KAR NC: 2026:KHC:15802 WP No. 8758 of 2026 <Direct the learned Principal District & Sessions Judge, Mysuru to expeditiously hear and dispose off M.A.No.63/2025 pending on its file, within a specified time frame as this Hon9ble Court may deem fit and proper, in accordance with law, without granting unnecessary adjournments to the parties and protect the statutory rights of the petitioner.= 2. The petitioner/plaintiff filed a suit in O.S. No. 392/2025 for specific performance. Along with the plaint, the plaintiff filed an application under Order XXXIX Rules 1 and 2 r/w. Sections 94(e) and 151 of the Code of Civil Procedure. The same came to be dismissed by order dated 05.08.2025. Being aggrieved by the same, the petitioner/plaintiff filed a miscellaneous appeal before the III Additional District and Sessions Judge, Mysuru, in M.A. No. 63/2025. Since the appeal has not been disposed of, the petitioner is before this Court. 3. With regard to the maintainability of the appeal, both the counsel appearing for the parties submit that the Registry of the High Court has clarified the position by - 4 - HC-KAR NC: 2026:KHC:15802 WP No. 8758 of 2026 issuing a circular. Therefore, the appeal filed before the District Court is maintainable. 4. In view of the above, the following order is passed: (i) The writ petition stands disposed of. (ii) The III Additional District and Sessions Judge, Mysuru, is directed to dispose of M.A.No. 63/2025, in accordance with law, as expeditiously as possible, and in any event not later than three months from the date of receipt of a certified copy of this order. (iii) It is made clear that if the parties file any application for interim relief during the pendency of the appeal, the appellate court shall consider the same in accordance with law. (iv) All contentions of the parties are kept open. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM